How about anyone with a US Masters no matter if it was obtained before filing the GC or just last month? Almost everyone I know has got some US masters in the meantime over the past 5-7 years. The queue will not move if the provision just includes a degree. In fact a lot of EB3 India would benefit since most of us got a masters in the meantime even if it was something like some MBA or information systems management.

Sure the queue will be shorter if people with masters got a GC just as it will be if all spillover goes to the most waiting applicant first, not to mention it will be fairer. So essentially this talk about US masters is just a self-serving way to jump the queue. There is no crab mentality here. Just trying push ones own importance using any pretext whatsoever.

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bindas74

10-25 10:09 AM

You deserve a gc right away after such a long and painful wait. Dont lose hopes.

Hi eb3retro,

I see that your PD is Jan 2003. Mine is Mar 03. I thought I would ask you about your opininons.

So, do you think we will get our GC in 2009?

Do you think it would be better to move to EB2?

Thanks for your inputs.

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sparky_jones

02-20 11:41 PM

Hi

Today I got a call from an officer in "immigration and customs enforcement" asking for an appointment to visit my residence for checing my immigration status. I am on H1B visa.

I would appreciate if someone could give any sort of information related to calling for a home visit.

Thanks Highly suspicious. I would call ICE and confirm. Also, I would ask this "officer" to visit at the workplace in presence of your lawyer. No one has any business visiting your residence for enforcement of a work-related visa. Be careful; consult with your attorney before entertaining any such request.

WASHINGTON: Hundreds of Indian students , mostly from Andhra Pradesh , face the prospect of deportation from the US after authorities raided and shut down a university in the Silicon Valley on charges of a massive immigration fraud .

The Tri-Valley University in Pleasanton, a major suburb in San Francisco Bay Area, has been charged by federal investigating authorities with being part of an effort to defraud, misuse visa permits and indulge in money laundering and other crimes.

According to a federal complaint filed in a California court, the University, which was raided and shut down last week, helped foreign nationals illegally acquire immigration status.

The university is said to have 1,555 students. As many as 95 per cent of these students are Indian nationals, the complaint said.

Investigations by Immigration and Custom Enforcement (ICE) found that while students were admitted to various residential and online courses of the university and on paper lived in California, in reality they "illegally" worked in various parts of the country as far as Maryland, Virginia, Pennsylvania, and Texas.

ICE has called it as a "sham university." The ICE investigations found that more than half of these students were reported to be residing in a single apartment located in Sunnyvale California.

During the course of the investigation ICE found that the university gave the residential address of its students in order to conceal that they did not live in California, said the court papers.

For a student to maintain an active immigration status, they must show proof that they are making reasonable process towards completing coursework and physically attend classes.

Federal investigating authorities are now sweeping out on each of those students, who paid lakhs for obtaining students visa and also students work permit.

Several of them have been interrogated, creating a panic reaction among the Indian student community.

Many of the students from Andhra Pradesh, who were planning to join the university for the new semester, have cancelled their US travel plans.

Classes were scheduled to start on January 10 after the winter break.

It is understood that many of these students are planning to leave the country as soon as possible as they are being interrogated.

There are unconfirmed reports of some of the students being detained and deportation process has been started against them.

Once the university has been shut down, the students who come on F-1 visa, lose their status within a stipulated time. These students have been making desperate calls to Indian- American immigration attorneys.

"We have received verification that ICE has detained some of the students and placed them in removal proceedings," Murthy Law Firm, a popular immigration attorney firm among Indian-Americans, said in a posting on its website.

On January 20, 2011 the Murthy Law Firm received numerous phone calls from students registered at Tri-Valley University in Pleasanton, California, it said in its posting.

If I send some information to USCIS that I am invoking AC 21, they would not allow my employer to revoke I 140? as far as i know, you cannot avoid that scenario of the employer withdrawing I-140. You can speak to them, but there is no way you can guarantee what they do. Your boss may agree but ur corp lawyers or HR may have different ideas.

just make sure u document everything including ur ac21 request to uscis. mayke sure u have an attorney on record who will file ur ac21...if u want to be supersafe.

as long as u have the documentation and correct letters from your company, even if they have a rfe on ur case, u can provide documentation...if they issue a noid or deny ur petition, ur lawyer can help u file a mtr (motion to reopen/reconsider) and resolve it for u.

i am not speaking from personal experience but from what i have been reading on the forums for a few years now.

on the plus side u will have hundred if not thousands of ppl invoking ac21 in the next few days...so uscis will be well aware of the law, clauses, etc when it comes time to adjudicate urs.

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sanbaj

05-05 03:10 PM

Sanbaj, Is there any update regarding your case ? None so far. No updates from the Lawyer or any LUD change. My I485 RD is 08/16/07, and NSC has not reached that date as yet. My lawyer's office called and the response was "The request is attached to the file (485)". I called NSC and the IO there DO NOT know the meaning of Interfiling and the IO I got was very rude and in a hurry to finish the call. She said that these officers should not give us (AOS Adjustees) any info, please inform me if any USCIS officer has broken that rulw. I said no one has and finished the call. Now, I am waiting, as have been for last six years for various things on the GC journey, for NSC I485 Processing status to go beyond Aur/16/2007. Once it does, I will call them again.

Sorry, I was late in the response as I did not check this thread for a month or so.

Even though the effect of retrogression is expected to reduce from the current 8+ years, it is still going to hover around 5 years in 2012 (assuming a weak economy and minimal filings). This line isn't true anymore for EB3 India after correcting the typo in dates. I believe this can be deleted because even in 2012 the wait time is 8+ years. With huge CP numbers (~20K) for EB3I, the wait time will surely increase further which is not factored in the report.

Student visa option will work for you, also even if you get married H1 is always a option to bring your wife here.

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svrk

08-22 07:52 AM

Hi SMohan,

I am in the same situation as you are, hoping to file EB2 with a dependent who aged out just after EB3 filing. My lawyer yesterday (Fragomen) confirmed that the dependent will get included in the EB2 filing.

I am a physician myself who served j1 waiver and on AOS from 7/07. My son is a going to be a senior in High School this year. Why did you have a problem with state college apps on AOS/EAD?

Most of the state colleges, (In my case, none of the state colleges), including under-grad and medical schools, will accept application, if you do not have GC/ US citizenship. I tried, wrote letters, but of no use. You can apply and get admission in private college, which of course cost much more. Also, we were not able to take any federal loans.

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Almond

07-17 10:58 AM

For NSC --------

I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] March 26, 2007

Thanks, Laborday! They're on the same time unfortunately:(

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vik123

08-15 11:55 AM

Hi guys, My checks got encashed yesterday.My application reached at NSC at 8:26 A.M. on july 2,2007.It looks like they are working on our applications.As long as our papers are filed correctly,we shouldn't worry.I was also anxious like you. Just have patience.

rolrblade

07-19 11:12 AM

Rolrblade,

i guess i mispelt the statement, my response was to his idea of seeking an Emergency appointment.

ofcourse, just normal rescheduling is absolutely do-able.

i think our friend is trying for Emergency so that wife can get appt in chennai only.

No problem. I misunderstood too. Sorry about that! he has disappeared anyways. I believe he got his answers.

kak1978

01-13 09:39 AM

You should be ok. The purpose of COBRA is to have a continued coverage. usually insurance is month to month, so the coverage nessasarly doesn't end the day you quit. All COBRA does is allow you to pay the next months entire premium and keep the existing coverage. I tried using COBRA last year and in my case the gap was 3 months and my monthly COBRA payments were about $900/month, since I did not have any ongoing medical conditions or foresee any like pregnancy etc, I went for short term private insurance to fill the gap.

Pardon my ignorance Gurus.

But Hypothetical....what would be the scenario, if, - I leave the job-A on 1st of the month. - join new job-B on 2nd of the month (very next day) but new employer wants me to complete 30 days before providing medical insurance

- my job-A insurance company sends me COBRA option in two weeks time as required by law

- Prior to I fill and send out the COBRA docs (roughly 2 - 3 weeks), I have to make some urgent visit to doctor...say in 1st week (say, on 4th of the month)

- will my job-A company will deny this claim as they only received my COBRA paperwork by 18th of the month whereas I went to doctor on 4th????